Defense of Marriage Act Unconstitutional - New York Judge
newsandinsight.thomsonreuters.com
A U.S. law that defines marriage as between a man and a woman was found unconstitutional by a federal judge in New York on Wednesday because it improperly interferes with states’ rights to regulate marriage.
The ruling by Manhattan federal court judge Barbara Jones followed a decision last week by the U.S. Court of Appeals for the 1st Circuit in Boston that concluded the Defense of Marriage Act discriminates against gay couples.
Judge Jones became the fifth U.S. judge to find the 1996 law unconstitutional, adding weight to the demands of law makers and activists who want the law repealed.
On May 9, Barack Obama became the first U.S. president to publicly express support for gay marriage, saying he believes same-sex couples should be allowed to marry.
On Wednesday, Judge Jones said that under the pretext of creating a uniform law for all, the law intrudes “upon the states’ business of regulating domestic relations.”
“Such a sweeping federal review in this arena does not square with our federalist system of government,” Jones wrote.